exam revision

Question 1

What are rights?

Answer 1

They are principles of freedom + entitlement belonging to individuals.

Question 2

How are rights protected by the law + legal system

Answer 2

legal rights are protected by the common law.

Question 3

How well are rights protected?

Answer 3

They are protected through the australian constitution, the common law provides strong protection for free speech etc.

Question 4

What does fairness + justice mean?

Answer 4

fairness + justice means that everyone has the right to a fair hearing, decisions based on law, not personal opinions. the application of rule of law (equality before the law).

Question 5

How does the system aim to provide fairness + justice?

Answer 5

by ensuring that fair legal processes are taken place and everyone receives fair hearing, treated equally before the law.

Question 6

why do we need laws to change?

Answer 6

we need laws to change the community for the better, for example, their safety and behaviour.

Question 7

what is power?

Answer 7

the right to perform an act, to generate change by doing/not doing a certain act

Question 8

who has power?

Answer 8

the constitution, the courts and the parliament balances out the power

Question 9

how is power controlled by laws?

Answer 9

the senate and the house of representatives have equal amount of power, in respect of proposed laws.

Question 10

Separation of powers

Answer 10

Legislature, Executive, Judiciary

Question 11

What is the Legislature?

Answer 11

Parliament - makes laws

Question 12

What is Executive?

Answer 12

Government - enforces the law, puts it into action

Question 13

What is Judiciary?

Answer 13

Courts - resolves disagreements about the law

Question 14

What is rule of law?

Answer 14

no one is above the law, rights are protected. Equality before the law.

Question 15

Arguments FOR a BOR

Answer 15

1. protects rights of minority groups. 2. parliament cant be trusted with protection of rights. 3. It will make rights clearer and increase community’s awareness.

Question 16

Arguments AGAINST a BOR

Answer 16

1. difficult to change. 2. Increase power of unelected High Court. 3. limiting our protection, clog the courts.

Question 17

what are non legal rules?

Answer 17

controls behaviour, rule is broken - consequences that are not legally binding (eg, at school/home).

Question 18

What are legal rules?

Answer 18

legally binding, legal consequences, regulate behaviour, protect rights.

Question 19

What is the importance of a costitution?

Answer 19

rulebook for government, can only be changed by referendum, interpreted by High Court (uphold rights)

Question 20

What is representative Government?

Answer 20

allows people to have control over legislative power, adults can vote. (Citizens elect representatives to make laws on their behalf).

Question 21

What is responsible government?

Answer 21

allows people to control exercise of executive power. (government is formed by political party, majority seat in lower house of parliament).

Question 22

What are some of the features of the adversary system?

Answer 22

independent + impartial judge, party control

Question 23

what is burden of proof? - criminal case

Answer 23

either prosecution has burden of proof, or beyond reasonable doubt

Question 24

what is standard of proof? - criminal case

Answer 24

the prosecution must prove guilt beyond reasonable doubt

Question 25

what is burden of proof? - civil case

Answer 25

role of plaintiff, to prove that the defendant has committed a civil wrong

Question 26

what is standard of proof? - civil case

Answer 26

balance of probabilities

Question 27

the legal rights

Answer 27

right to remain silent, presumption of innocence, to be heard, fair trial.

Question 28

what is admissible evidence?

Answer 28

allowed to be presented to court, it conforms rule of evidence (reliability and relevance).

Question 29

what is inadmissible evidence?

Answer 29

NOT allowed to be presented to court, not consistent with rules of evidence (hearsay, opinion evidence).

Question 30

What is hearsay evidence?

Answer 30

eg, a witness relays what another person told them

Question 31

Rule of evidence

Answer 31

ensure a fair trial, both parties have a equal opportunity to prepare + present their case, protect rights of trial participants

Question 32

what is the purpose of examination-in-chief?

Answer 32

to extract evidence to prove the facts needed for the party’s case.

Question 33

what is the purpose for cross-examination?

Answer 33

to challenge the reliability of the witness’s evidence

Question 34

what does it mean when the judge sustains an objection

Answer 34

rules out the question

Question 35

what does it mean when the judge overrules the objection?

Answer 35

allows the question